GOSSNER v. UTAH POWER AND LIGHT

Nos. 16573, 16592.

612 P.2d 337 (1980)

Edwin GOSSNER et al., Plaintiffs and Respondents, v. UTAH POWER AND LIGHT, a Utah Corporation, Defendant and Appellant, and The State of Utah, by and through its Division of State Lands, Defendant. Edwin GOSSNER et al., Plaintiffs and Appellants, v. UTAH POWER & LIGHT, a Utah Corporation; The State of Utah, by and through its Division of State Lands, Defendants and Respondents.

Supreme Court of Utah.

May 15, 1980.


Attorney(s) appearing for the Case

Robert C. Huntley, Jr. of Racine, Huntley & Olson, Pocatello, Idaho, Gordon J. Low of Hillyard, Gunnell & Low, Logan, for Edwin Gossner.

Albert J. Colton and Anthony L. Rampton of Fabian & Clendenin, Salt Lake City, for Utah Power & Light.

Richard L. Dewsnup, Salt Lake City, for State.


HARDING, District Judge:

This is an interlocutory appeal from an order made by the District Court in an action between the parties hereto after a pretrial conference.

The plaintiffs own farm lands along the natural channel of the Bear River in Cache County, Utah, above the reservoir formed by a dam in the river owned by the defendant, Utah Power & Light Company, called the "Cutler Dam." Subject to certain prior rights, the defendant has the right to divert...

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